Andhra Pradesh High Court - Amravati
Vtc Transport Pvt. Ltd., vs Union Of India, on 22 October, 2020
Author: U.Durga Prasad Rao
Bench: U.Durga Prasad Rao
_ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TWENTY SECOND DAY OF OCTOBER TWO THOUSAND AND TWENTY 'PRESENT: IA No. 2 OF 2020 -- IN WP NO: 19556 OF 2020 Between: we M/s.VTC Transport Pvt. Ltd., Having its registered office at- 1383, Sector 33C, Chandigarh 160020 and Work office at-.Opposite Railway Goods Shed, Railway Road, varua Chandigarh - 160 101 Represented by its Authorised Signatory Mr. Akshay erma ...Petitioner(s) (Petitioner in WP. 19556 OF 2020 on the file of High Court) AND 1. Union of India, Represented by Director, Ministry of Steel, Room No.185, G- Wing, Udyog Bhavan, New Delhi - 110011 2. Rashtriya Ispat Nigam Limited (RINL), Represented by its Chairman-cum- Managing Director Administrative Building, Visakhapatnam Steel Plant (VSP), Visakhapatnam - 530031 Andhra Pradesh 3. Rashtriya Ispat Nigam Limited (RINL), Represented by its General Manager (Marketing) - Contracts, Marketing Department, C-Block, Room No. 275, Floor, Main Administrative Building, Visakhapatnam Steel Plant (VSP), Visakhapatnam - 530031, Andhra Pradesh ...Respondent(s) (Respondents in-do-) Counsel for the Petitioner: Sri.Gorantla Sri Ranga Pujitha Counsel for the Respondent No.1 : Sri.N.Harinath, Assistant Solicitor General Counsel for the Respondent Nos.2 & 3: Sri.V.Ravindra Rao, Standing Counsel Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant interim stay of all further proceedings in pursuance of Impugned Notice Inviting Tender vide VSP/MKTG/CDY/2020-21 RFx No- 2400000653, dt.14.08.2020, issued by the Respondents No's 2 and 3, including awarding of tender/Letter of Intent/execution of the Agreement, pending disposal of Writ Petition No.19556 of 2020, on the file of the High Court. The court while directing issue of notice to the Respondents herein to show cause as to why this application should not be complied with, made the following order.(The receipt of this order will be deemed to be the receipt of notice in the case). The Court made the following: ORDER:
Heard the Senior Counsel Sri D.Prakash Reddy representing Smt. Gorantla Sri Ranga Pujitha, learned counsel for the petitioner, and Sri V.Ravindra Rao, Standing Counsel for the respondents 2 & 3. Learned counsel for the petitioner sought for stay of ail further proceedings pursuant to the impugned notice inviting tender vide VSP/MKTGI/CDY/2020-21 RFx No.2400000653 dated 14.08.2020. Learned Senior Counsel would submit that the petitioner submitted detailed representations | dated 16.09.2020 and 16.10.2020 to the respondent authorities, but without considering the same the petitioner was debarred from the tender process unjustly and illegally and therefore, the further proceedings need to be stayed. In oppugnation, learned counsel for the respondents would submit that the present petitioner concern was earlier debarred in 2005 and again participated in 2013 bidding without intimating the same and the respondent authorities brought to its notice about its debarment in 2005 and did not permit it to bid in 2013. Concealing all these facts again the petitioner offered its bid now and in view of the past history its bid is now rejected. Learned counsel sought time to file a ' detailed counter.
in reply, learned Senior Counsel for the petitioner would submit that the previous debarment is in respect of a different concern and the petitioner has nothing to do with it and even assuming that both concerns are one and the same still debarment cannot be imposed in perpetuity in view of the various judgments of the Apex Court.
The points raised by both the counsel need a detailed hearing. When enquired, learned counsel for the respondents submits that the bid process was | completed on 17.10.2020 and now the matter is at the stage of awarding work order to the successful bidder.
In view of the facts and present circumstances, the matter is directed to be posted on 03.11.2020 for filing counter of the respondents and hearing. However, it is made clear that any steps taken by the respondents pursuant to the bidding process shall be subject to the final orders in the writ petition. gd/-V.DIWAKAR _// SISTANPIREGISFRAR ITRUE COPY!/ ASSISTA Be For ASSISTANT GISTRAR To,
4. The Director, Ministry of Steel, Union of India, Room No.185, G-Wing, Udyog Bhavan, New Delhi - 110011
2. The Chairman-cum-Managing Director, Rashtriya lspat Nigam Limited (RINL), Administrative Building, Visakhapatnam Steet Plant (VSP), Visakhapatnam - 530031 Andhra Pradesh
3. The General Manager (Marketing) - Contracts, Marketing Department, Rashtriya Ispat Nigam Limited (RINL), C-Block, Room No. 275, Floor, Main Administrative Building, Visakhapatnam Steel Plant (VSP), Visakhapatnam - 530031, Andhra Pradesh (1 to 3 By RPAD) One CC to Sri.Gorantla Sri Ranga Pujitha Advocate [OPUC] One CC to Sri.V.Ravindra Rao, Standing Counsel (OPUC) One CC to Sri.N.Harinath, Assistant Solicitor General, [OPUC] One spare copy NOs HIGH COURT UDPRJ DATED:22/10/2020 NOTE: POST ON 03.11.2020 ORDER |.A.NO.2 OF 2020 IN WP.No.19556 of 2020 DIRECTION
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